Flexible Working Definition and Employment Rights

Flexible working is a legal right in UK employment law that allows eligible employees to request changes to their working arrangements. This can include changes to working hours, times, or location. The purpose of flexible working rights is to support work–life balance while maintaining fair procedures for employers to consider requests.

In England and Wales, flexible working is governed primarily by the Employment Rights Act 1996 (as amended) and the Flexible Working Regulations 2014, with further reforms introduced by the Employment Relations (Flexible Working) Act 2023. Employment tribunals regularly hear disputes where employees believe flexible working requests have been handled unfairly or unlawfully refused.

Legal Definition of Flexible Working

Flexible working refers to any change from standard working arrangements, including:

• Working hours
• Working times
• Working location
• Working patterns

A flexible working request is a statutory request made by an eligible employee asking their employer to change one or more of these terms.

The law does not guarantee that a request will be granted, but it does require employers to consider requests in a reasonable manner and follow a statutory process.

Who Has the Right to Request Flexible Working?

The right to request flexible working applies to:

• Employees (not generally workers or self-employed individuals)
• Employees from day one of employment (following recent reforms)

Previously, employees needed 26 weeks' continuous service, but this requirement has been removed under recent legislative changes.

This means most employees now have the statutory right to make a flexible working request immediately upon starting employment.

Types of Flexible Working Arrangements

Flexible working can take many forms, including:

1. Reduced or varied hours

• Part-time working
• Compressed hours (e.g. full-time hours over fewer days)

2. Flexible start and finish times

• Adjusted daily schedules
• Staggered hours

3. Remote or hybrid working

• Working from home full-time or part-time
• Hybrid arrangements combining office and remote work

4. Job sharing

• Two employees sharing one role

These arrangements depend on the nature of the job and business requirements.

How to Make a Flexible Working Request

A statutory flexible working request must:

• Be made in writing
• State that it is a statutory request
• Specify the change requested
• Explain the date it should take effect
• Confirm whether a previous request has been made

Employees are generally limited to making two statutory requests in any 12-month period.

Employer Duties When Considering Requests

Employers are legally required to deal with flexible working requests in a reasonable manner.

This includes:

• Considering the request properly
• Consulting with the employee if necessary
• Responding within two months (unless extended by agreement)
• Providing a clear decision in writing

Employers cannot simply ignore requests or refuse without proper consideration.

Guidance on handling requests is commonly supported by ACAS.

Reasons an Employer Can Refuse Flexible Working

An employer can refuse a flexible working request only for specific statutory reasons, including:

• Burden of additional costs
• Inability to reorganise work among staff
• Detrimental effect on performance
• Inability to meet customer demand
• Insufficient work during proposed hours
• Planned structural changes
• Negative impact on quality or efficiency

The employer must show that at least one of these reasons applies.

Flexible Working and Employment Tribunal Claims

Employees may bring a claim to an employment tribunal if:

• The employer failed to deal with the request in a reasonable manner
• The decision was based on incorrect facts
• The refusal was not for one of the permitted statutory reasons
• The employer failed to follow proper procedure

Tribunals do not usually decide whether flexible working should be granted, but whether the employer acted lawfully in handling the request.

Time Limits for Claims

A flexible working tribunal claim must usually be brought within:

• 3 months less 1 day from the date of the employer's decision or failure to respond

Early conciliation with ACAS is normally required before issuing proceedings.

Remedies Available in Tribunal

If a claim is successful, the employment tribunal may:

• Order reconsideration of the request
• Award compensation (capped at a limited number of weeks' pay)
• Make declarations regarding procedural failure

Compensation is generally modest compared to other employment claims, as the focus is on process compliance rather than financial loss.

Flexible Working and Discrimination

Flexible working requests may also give rise to discrimination claims under the Equality Act 2010 if refusal affects protected groups disproportionately.

Common examples include:

• Indirect sex discrimination affecting employees with childcare responsibilities
• Disability discrimination where flexible working is needed as a reasonable adjustment
• Pregnancy or maternity-related unfavourable treatment

These claims can result in higher compensation than standard flexible working tribunal claims.

Common Issues in Flexible Working Disputes

Employment tribunals frequently consider disputes involving:

• Employers refusing requests without adequate explanation
• Failure to consider alternative arrangements
• Misapplication of business reasons for refusal
• Lack of consultation with the employee
• Delayed responses beyond statutory time limits

Disputes often focus on whether the employer acted reasonably and transparently.

Key Legal Principles

Flexible working rights are based on several principles:

• Employees have a statutory right to request, not a right to insist
• Employers must follow a fair and lawful process
• Refusals must be based on permitted business reasons
• Decisions must be reasonable and evidence-based
• Procedural fairness is central to tribunal assessment

These principles ensure balance between employee flexibility and business needs.

Practical Impact of Flexible Working Rights

Flexible working has significant implications for workplace structure, including:

• Increased adoption of hybrid working models
• Greater employee retention and recruitment flexibility
• Legal risk management for employers
• Enhanced work–life balance for employees

It is now a standard part of modern employment law compliance.

Key Takeaways

Flexible working rights in UK employment law allow employees to request changes to their working patterns, hours, or location. Employers must consider requests reasonably and can only refuse them for specific statutory business reasons. Employment tribunals assess whether procedures were followed correctly rather than deciding whether flexible working should be granted. With recent reforms making requests available from day one of employment, flexible working has become a central employment right in England and Wales.